For a Court ready (fee required) version please follow this link
| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA204/2017 [2018] NZCA 197 |
| BETWEEN | IAN ALLEN THOMPSON |
| AND | TURNER HOPKINS |
| Hearing: | 20 February 2018 (further submissions received 5 March 2018) |
Court: | Asher, Clifford and Williams JJ |
Counsel: | W A McCartney for Appellant |
Judgment: | 18 June 2018 at 11 am |
JUDGMENT OF THE COURT
AThe appeal is allowed.
BThe summary judgment in favour of the respondent is set aside.
C There is no order as to costs.
____________________________________________________________________
REASONS OF THE COURT
(Given by Asher J)
Table of Contents
| Para No | |
| Introduction The tort of breach of statutory duty Mr Thompson’s further claim Should this Court consider the proposed new cause of action? Further defences in support of summary judgment Did the Building Contract clearly allow DDC to register the mortgages? General conclusion | [1] [45] [61] |
Introduction
Sections 164 and 164A of the Land Transfer Act 1952 (the Act) set out the process of certification of instruments that are being registered. At issue in this appeal is whether those sections create a statutory duty: that is, does the giving of a false certificate found a private law, strict liability, cause of action. The law firm that gave the allegedly false certificate is the respondent, Turner Hopkins, who acted for a contractor repairing a leaky townhouse block in Auckland. The appellant and plaintiff in the proceedings is Ian Thompson, who was the owner of two townhouses and a member of the block’s Body Corporate. Associate Judge Doogue granted Turner Hopkins’ defendant summary judgment application, thereby bringing Mr Thompson’s claim against Turner Hopkins for breach of statutory duty to an end.[1] Importantly, as will become apparent later in this judgment, during the appeal Mr Thompson proposed a further cause of action against Turner Hopkins based on negligence.
Key facts
The claim against Turner Hopkins was one of a number of causes of action brought against multiple defendants by Mr Thompson arising from repairs carried out to an eight-unit townhouse block in Grey Lynn. Mr Thompson was the owner of two of the unit titles. They proved to be leaky. DD Construction Ltd (DDC) was contracted by the Body Corporate to carry out the remedial work on a time and materials basis. As the work progressed there were disputes between the Body Corporate and Mr Thompson on the one side, and DDC on the other. The Body Corporate and…
Keep reading for free
Create a free CaseChat account to read Thompson v Turner Hopkins and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2018] NZCA 197
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.